§ 405. Evidence, procedure, and certification for payments

(ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or (II) the date on which such individual furnished the last information requested by the Commissioner of Social Security (and such written request will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Commissioner of Social Security has evidence that such allegation is true, whichever is later),

(3) In any case in which the Commissioner of Social Security determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, the Commissioner may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B)(i) and (B)(ii) have not elapsed.

(4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer.

(5) For purposes of this subsection, benefits payable under section 428 of this title shall be treated as monthly insurance benefits payable under this subchapter. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any benefit alleged to be due under either section 423 of this title, or section 402 of this title to a wife, husband, or child of an individual entitled to or applying for benefits under section 423 of this title, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability.

(r) Use of death certificates to correct program information

(1) The Commissioner of Social Security shall undertake to establish a program under which—

(A) States (or political subdivisions thereof) voluntarily contract with the Commissioner of Social Security to furnish the Commissioner of Social Security periodically with information (in a form established by the Commissioner of Social Security in consultation with the States) concerning individuals with respect to whom death certificates (or equivalent documents maintained by the States or subdivisions) have been officially filed with them; and

(B) there will be (i) a comparison of such information on such individuals with information on such individuals in the records being used in the administration of this chapter, (ii) validation of the results of such comparisons, and (iii) corrections in such records to accurately reflect the status of such individuals.

(2)

(A) Each State (or political subdivision thereof) which furnishes the Commissioner of Social Security with information on records of deaths in the State or subdivision under this subsection shall be paid by the Commissioner of Social Security for the following:

(i) A fee, to be established pursuant to subparagraph (B), for the use of such information by—

(I) the Commissioner; and

(II) any other agency that receives such information from the Commissioner and is subject to the requirements of subparagraph 88 So in original. Probably should be “paragraph”. (3)(A).

(ii) The full documented cost to the State of transmitting such information to the Commissioner, including the costs of maintaining, enhancing, and operating any electronic system used solely for transmitting such information to the Commissioner.

(B) The fee for the use of such information shall be established by the Commissioner of Social Security in consultations with the States, and shall include—

(i) a share of the costs to the State associated with collecting and maintaining such information; ensuring the completeness, timeliness, and accuracy of such information; and maintaining, enhancing, and operating the electronic systems that allow for the transmission of such information; and

(ii) a fee for the right to use such information.

(C) The Commissioner of Social Security shall not use amounts provided for a fiscal year in an appropriation Act under the heading “Limitation on Administrative Expenses” for the Social Security Administration for the amounts under paragraph (3)(A), except as the Commissioner determines is necessary on a temporary basis and subject to reimbursement under such paragraph.

(3) In the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under this chapter, the Commissioner of Social Security shall to the extent feasible provide such information through a cooperative arrangement with such agency, for ensuring proper payment of those benefits with respect to such individuals if—

(A) under such arrangement the agency provides reimbursement to the Commissioner of Social Security for—

(i) the agency’s proportional share (as determined by the Commissioner in consultation with the head of the agency) of—

(I) the payments to States required under paragraph (2)(A);

(II) the costs to the Commissioner of developing the contracts described in paragraph (1); and

(III) the costs to the Commissioner of carrying out the study required under section 802 of division FF of the Consolidated Appropriations Act, 2021; and

(ii) the full documented cost to the Commissioner of developing such arrangement and transmitting such information to the agency; and

(B) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1).

(4) The Commissioner of Social Security may enter into similar agreements with States to provide information for their use in programs wholly funded by the States if the requirements of subparagraphs (A) and (B) of paragraph (3) are met.

(5) The Commissioner of Social Security may use or provide for the use of all information regarding deceased individuals furnished to or maintained by the Commissioner under this subsection, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical and research activities conducted by a Federal or State agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met.

(6) Information furnished to the Commissioner of Social Security under this subsection may not be used for any purpose other than the purpose described in this subsection and is exempt from disclosure under section 552 of title 5 and from the requirements of section 552a of such title.

(7) In the event an individual is incorrectly identified as deceased in the records furnished by a State to the Commissioner of Social Security under this subsection and the individual provides the Commissioner with the necessary documentation to correct such identification, the Commissioner may—

(A) notify the State of the error in the records so furnished; and

(B) inform the individual of the source of the incorrect death data.

(8) The Commissioner of Social Security shall include information on the status of the program established under this section and impediments to the effective implementation of the program in the 1984 report required under section 904 of this title.

(9)

(A) The Commissioner of Social Security shall, upon the request of the official responsible for a State driver’s license agency pursuant to the Help America Vote Act of 2002 [52 U.S.C. 20901 et seq.]—

(i) enter into an agreement with such official for the purpose of verifying applicable information, so long as the requirements of subparagraphs (A) and (B) of paragraph (3) are met; and

(ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any applicable information disclosed and procedures to permit such agency to use the applicable information for the purpose of maintaining its records.

(B) Information provided pursuant to an agreement under this paragraph shall be provided at such time, in such place, and in such manner as the Commissioner determines appropriate.

(C) The Commissioner shall develop methods to verify the accuracy of information provided by the agency with respect to applications for voter registration, for whom the last 4 digits of a social security number are provided instead of a driver’s license number.

(D) For purposes of this paragraph—

(i) the term “applicable information” means information regarding whether—

(I) the name (including the first name and any family forename or surname), the date of birth (including the month, day, and year), and social security number of an individual provided to the Commissioner match the information contained in the Commissioner’s records, and

(II) such individual is shown on the records of the Commissioner as being deceased; and

(ii) the term “State driver’s license agency” means the State agency which issues driver’s licenses to individuals within the State and maintains records relating to such licensure.

(E) Nothing in this paragraph may be construed to require the provision of applicable information with regard to a request for a record of an individual if the Commissioner determines there are exceptional circumstances warranting an exception (such as safety of the individual or interference with an investigation).

(F) Applicable information provided by the Commissioner pursuant to an agreement under this paragraph or by an individual to any agency that has entered into an agreement under this paragraph shall be considered as strictly confidential and shall be used only for the purposes described in this paragraph and for carrying out an agreement under this paragraph. Any officer or employee or former officer or employee of a State, or any officer or employee or former officer or employee of a contractor of a State who, without the written authority of the Commissioner, publishes or communicates any applicable information in such individual’s possession by reason of such employment or position as such an officer, shall be guilty of a felony and upon conviction thereof shall be fined or imprisoned, or both, as described in section 408 of this title.

(10)

(A) The Commissioner of Social Security shall, upon the request of the Secretary or the Inspector General of the Department of Health and Human Services—

(i) enter into an agreement with the Secretary or such Inspector General for the purpose of matching data in the system of records of the Social Security Administration and the system of records of the Department of Health and Human Services, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such agreement; and

(ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any information disclosed.

(B) For purposes of this paragraph, the term “system of records” has the meaning given such term in section 552a(a)(5) of title 5.

(11) During the 3-year period that begins on the effective date of this paragraph, the Commissioner of Social Security shall, to the extent feasible, provide information furnished to the Commissioner under paragraph (1) to the agency operating the Do Not Pay working system described in section 3354(c) of title 31 to prevent improper payments to deceased individuals through a cooperative arrangement with such agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such arrangement with such agency.

(s) Notice requirements The Commissioner of Social Security shall take such actions as are necessary to ensure that any notice to one or more individuals issued pursuant to this subchapter by the Commissioner of Social Security or by a State agency—

In the case of any such notice which is not generated by a local servicing office, the requirements of paragraph (2) shall be treated as satisfied if such notice includes the address of the local office of the Social Security Administration which services the recipient of the notice and a telephone number through which such office can be reached.

(1) is written in simple and clear language, and

(2) includes the address and telephone number of the local office of the Social Security Administration which serves the recipient.

(t) Same-day personal interviews at field offices in cases where time is of essence In any case in which an individual visits a field office of the Social Security Administration and represents during the visit to an officer or employee of the Social Security Administration in the office that the individual’s visit is occasioned by—

the Commissioner of Social Security shall ensure that the individual is granted a face-to-face interview at the office with an officer or employee of the Social Security Administration before the close of business on the day of the visit.

(1) the receipt of a notice from the Social Security Administration indicating a time limit for response by the individual, or

(2) the theft, loss, or nonreceipt of a benefit payment under this subchapter,

(u) Redetermination of entitlement

(1)

(A) The Commissioner of Social Security shall immediately redetermine the entitlement of individuals to monthly insurance benefits under this subchapter if there is reason to believe that fraud or similar fault was involved in the application of the individual for such benefits, unless a United States attorney, or equivalent State prosecutor, with jurisdiction over potential or actual related criminal cases, certifies, in writing, that there is a substantial risk that such action by the Commissioner of Social Security with regard to beneficiaries in a particular investigation would jeopardize the criminal prosecution of a person involved in a suspected fraud.

(B) When redetermining the entitlement, or making an initial determination of entitlement, of an individual under this subchapter, the Commissioner of Social Security shall disregard any evidence if there is reason to believe that fraud or similar fault was involved in the providing of such evidence.

(2) For purposes of paragraph (1), similar fault is involved with respect to a determination if—

(A) an incorrect or incomplete statement that is material to the determination is knowingly made; or

(B) information that is material to the determination is knowingly concealed.

(3) If, after redetermining pursuant to this subsection the entitlement of an individual to monthly insurance benefits, the Commissioner of Social Security determines that there is insufficient evidence to support such entitlement, the Commissioner of Social Security may terminate such entitlement and may treat benefits paid on the basis of such insufficient evidence as overpayments.

(Aug. 14, 1935, ch. 531, title II, § 205, 49 Stat. 624; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1368; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Aug. 28, 1950, ch. 809, title I, §§ 101(b)(2), 108(a)–(c), 109(b), 64 Stat. 488, 518, 523; July 18, 1952, ch. 945, § 5(b), 66 Stat. 775; Sept. 1, 1954, ch. 1206, title I, § 101(a)(5), (c)(3), 68 Stat. 1052, 1054; Aug. 1, 1956, ch. 836, title I, §§ 107(b), 111(a), 117, 70 Stat. 829, 831, 834; Aug. 1, 1956, ch. 837, title IV, § 402(b), 70 Stat. 871; Pub. L. 86–507, § 1(35), June 11, 1960, 74 Stat. 202; Pub. L. 86–778, title I, §§ 102(f)(2), 103(j)(2)(E), title VII, § 702(a), Sept. 13, 1960, 74 Stat. 933, 938, 993; Pub. L. 87–293, title II, § 202(b)(3), Sept. 21, 1961, 75 Stat. 626; Pub. L. 89–97, title III, §§ 308(d)(9), (10), 330, July 30, 1965, 79 Stat. 379, 401; Pub. L. 90–248, title I, § 171(a), Jan. 2, 1968, 81 Stat. 876; Pub. L. 91–452, title II, § 236, Oct. 15, 1970, 84 Stat. 930; Pub. L. 92–603, title I, § 137, Oct. 30, 1972, 86 Stat. 1364; Pub. L. 93–445, title III, §§ 302(a), 303, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 94–202, § 4, Jan. 2, 1976, 89 Stat. 1136; Pub. L. 94–455, title XII, § 1211(b), Oct. 4, 1976, 90 Stat. 1711; Pub. L. 95–216, title III, § 353(f)(2), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 95–600, title VII, § 703(j)(14)(B), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96–265, title III, §§ 305(a), 307, June 9, 1980, 94 Stat. 457, 458; Pub. L. 97–455, § 4(a), Jan. 12, 1983, 96 Stat. 2499; Pub. L. 98–21, title III, §§ 301(d), 309(i), 336, 345(a), Apr. 20, 1983, 97 Stat. 111, 117, 130, 137; Pub. L. 98–369, div. B, title VI, §§ 2661(h), 2663(a)(4), (j)(4), July 18, 1984, 98 Stat. 1157, 1162, 1171; Pub. L. 98–460, § 16(a), Oct. 9, 1984, 98 Stat. 1809; Pub. L. 99–509, title IX, § 9002(c)(2)(A), (B), Oct. 21, 1986, 100 Stat. 1971; Pub. L. 100–485, title I, § 125(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100–647, title VIII, §§ 8008(a), 8009(a), 8015(a)(1), 8016(a)(1), Nov. 10, 1988, 102 Stat. 3783, 3787, 3790, 3792; Pub. L. 101–239, title X, §§ 10303(a), 10304, Dec. 19, 1989, 103 Stat. 2482, 2483; Pub. L. 101–508, title V, §§ 5105(a)(1)(A), (2)(A)(i), (3)(A)(i), (b)(1)(A), (c)(1), (d)(1)(A), 5107(a)(1), 5109(a)(1), Nov. 5, 1990, 104 Stat. 1388–254, 1388–255, 1388–260, 1388–263, 1388–265, 1388–269, 1388–271; Pub. L. 101–624, title XVII, § 1735(a), (b), title XXII, § 2201(b), (c), Nov. 28, 1990, 104 Stat. 3791, 3792, 3951, 3952; Pub. L. 103–296, title I, § 107(a)(1), (2), (4), title II, §§ 201(a)(1)(A), (B), (2)(A)–(C), 206(a)(1), (d)(1), title III, §§ 304(a), 316(a), 318, 321(a)(7)–(11), (c)(3), (6)(B), (f)(2)(A), Aug. 15, 1994, 108 Stat. 1477, 1478, 1490–1493, 1509, 1514, 1520, 1531, 1533, 1536, 1538, 1541; Pub. L. 104–121, title I, § 105(a)(2), Mar. 29, 1996, 110 Stat. 852; Pub. L. 104–193, title I, § 108(a)(1), Aug. 22, 1996, 110 Stat. 2164; Pub. L. 105–34, title X, § 1090(b)(1), Aug. 5, 1997, 111 Stat. 962; Pub. L. 106–169, title II, § 251(b)(2), Dec. 14, 1999, 113 Stat. 1854; Pub. L. 107–90, title I, § 103(i)(3), Dec. 21, 2001, 115 Stat. 882; Pub. L. 107–252, title III, § 303(a)(5)(C), Oct. 29, 2002, 116 Stat. 1711; Pub. L. 108–203, title I, §§ 101(a), 102(a)(1), (b)(1), 103(a), 104(a), 105(a), 106(a), title IV, § 411(a), Mar. 2, 2004, 118 Stat. 495, 497, 498, 500, 503–505, 527; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–458, title VII, § 7214(a), Dec. 17, 2004, 118 Stat. 3832; Pub. L. 109–241, title IX, § 902(n), July 11, 2006, 120 Stat. 568; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–148, title I, § 1414(a)(2), title VI, § 6402(b)(3), Mar. 23, 2010, 124 Stat. 237, 756; Pub. L. 111–318, § 2(a)(1), (b)(1), Dec. 18, 2010, 124 Stat. 3455; Pub. L. 114–10, title V, § 501(a), Apr. 16, 2015, 129 Stat. 163; Pub. L. 114–74, title VIII, § 843, Nov. 2, 2015, 129 Stat. 617; Pub. L. 115–165, title I, §§ 101(a), (b), 102(a), 103(a)(1), 105(a), title II, §§ 201(a), 202(a), 203(a), Apr. 13, 2018, 132 Stat. 1257, 1259–1261, 1264, 1266, 1267, 1272; Pub. L. 116–260, div. FF, title VIII, § 801(a), Dec. 27, 2020, 134 Stat. 3201.)

Editorial Notes

References in Text

Subsecs. (e) and (q) of section 418 of this title, referred to in subsec. (c)(1)(D)(i), (5)(F)(iii), which related to payments and reports by States, and to time limitation on assessments, respectively, were repealed, and subsec. (f) of section 418 of this title was redesignated as subsec. (e), by Pub. L. 99–509, title IX, § 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971.

Section 7(a) of the Privacy Act of 1974, referred to in subsec. (c)(2)(C)(ii), is section 7(a) of Pub. L. 93–579, which is set out as a note under section 552a of Title 5, Government Organization and Employees.

The Food and Nutrition Act of 2008, referred to in subsec. (c)(2)(C)(iii)(I), (II), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

The Federal Crop Insurance Act, referred to in subsec. (c)(2)(C)(iv), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables.

Section 7212(a)(2) of the 9/11 Commission Implementation Act of 2004, referred to in subsec. (c)(2)(C)(vi)(II), is section 7212(a)(2) of Pub. L. 108–458, which was formerly set out as a note under section 30301 of Title 49, Transportation.

The Internal Revenue Code of 1986, referred to in subsecs. (c)(2)(C)(viii)(II), (H) and (j)(2)(B)(iii), is classified generally to Title 26, Internal Revenue Code.

The Longshore and Harbor Workers’ Compensation Act, referred to in subsec. (c)(2)(C)(ix), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables.

The Patient Protection and Affordable Care Act, referred to in subsec. (c)(2)(C)(x), is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables.

The Railroad Retirement Act of 1937, referred to in subsecs. (c)(5)(D) and (i), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally. See par. for Railroad Retirement Act of 1974 below.

The Railroad Retirement Act of 1974, referred to in subsecs. (c)(5)(D), (i), and (o), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93–445 completely amended and revised the Railroad Retirement Act of 1937 (approved June 24, 1937, ch. 382, 50 Stat. 307), and as thus amended and revised, the 1937 Act was redesignated the Railroad Retirement Act of 1974. Previously, the 1937 Act had completely amended and revised the Railroad Retirement Act of 1935 (approved Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the 1937 Act provided that the 1935 Act, as in force prior to amendment by the 1937 Act, may be cited as the Railroad Retirement Act of 1935; and that the 1935 Act, as amended by the 1937 Act may be cited as the Railroad Retirement Act of 1937. The Railroad Retirement Acts of 1935 and 1937 were classified to subchapter II (§ 215 et seq.) and subchapter III (§ 228a et seq.), respectively, of chapter 9 of Title 45. For further details and complete classification of these Acts to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

Title VIII of the Social Security Act, referred to in subsec. (c)(5)(F)(i), probably means former title VIII of the Social Security Act, which was classified to subchapter VIII (§ 1001 et seq.) of this chapter, and was omitted from the Code as superseded by the provisions of the Internal Revenue Code of 1939 and the Internal Revenue Code of 1986.

Subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, referred to in subsec. (c)(5)(F)(i), were comprised of sections 480 to 482 and 1400 to 1432, respectively, and were repealed (subject to certain exceptions) by section 7851(a)(1)(A), (3) of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26 for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code.

For provision deeming a reference in other laws to a provision of the 1939 Code as a reference to the corresponding provisions of the 1986 Code, see section 7852(b) of the 1986 Code. For table of comparisons of the 1939 Code to the 1986 Code, see table preceding section 1 of Title 26, Internal Revenue Code. The Internal Revenue Code of 1986 is classified generally to Title 26.

Chapters 2 and 21 of the Internal Revenue Code of 1954, referred to in subsec. (c)(5)(F)(i), were redesignated chapters 2 and 21 of the Internal Revenue Code of 1986, and are classified to sections 1401 et seq. and 3101 et seq., respectively, of Title 26.

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (j)(6)(C)(vi), (ix)(I), (II), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables.

The Peace Corps Act, referred to in subsec. (p)(1), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 22 and Tables.

Section 3122 of the Internal Revenue Code of 1954, referred to in subsec. (p)(1), redesignated section 3122 of the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, and is classified to section 3122 of Title 26, Internal Revenue Code.

Section 802 of division FF of the Consolidated Appropriations Act, 2021, referred to in subsec. (r)(3)(A)(i)(III), is section 802 of Pub. L. 116–260, div. FF, Dec. 27, 2020, 134 Stat. 3203, which is not classified to the Code.

The Help America Vote Act of 2002, referred to in subsec. (r)(9)(A), is Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, which is classified principally to chapter 209 (§ 20901 et seq.) of Title 52, Voting and Elections. For complete classification of this Act to the Code, see Short Title of 2002 Act note set out under section 10101 of Title 52 and Tables.

The effective date of this paragraph, referred to in subsec. (r)(11), is 3 years after Dec. 27, 2020, see section 801(b)(2) of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note below.

Codification

October 13, 1988, referred to in subsec. (c)(2)(C)(v), was in the original “the date of the enactment of such subclause”, and was translated as if it read “the date of the enactment of such clause”, as the probable intent of Congress. The clause in question, cl. (ii) of subsec. (c)(2)(C), was originally enacted as subcl. (II) of subsec. (c)(2)(C)(i), see 1988 Amendment note below, and was subsequently redesignated as cl. (ii) of subsec. (c)(2)(C), see 1990 Amendment note below.

August 15, 1994, referred to in subsec. (c)(2)(E)(iii), was in the original “the date of the enactment of this subparagraph” and “that date”, which were translated as meaning the date of enactment of Pub. L. 103–296, which added subsec. (c)(2)(E) and redesignated former subsec. (c)(2)(E) as (c)(2)(F).

In subsec. (g), act June 25, 1948, as amended by act May 24, 1949, substituted United States District Court for the District of Columbia, for District Court of the United States for the District of Columbia.

In subsec. (h), Pub. L. 98–369, div. B, title VI, §2663(a)(4)(D), July 18, 1984, 98 Stat. 1162, substituted “section 1331 or 1346 of title 28” for text which, in the original, was “section 24 of the Judicial Code of the United States”. See 1984 Amendment note below. Prior to the enactment of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 869, section 24 of the Judicial Code was classified to section 41 of former Title 28, Judicial Code and Judiciary. For disposition of section 41 of former Title 28, see Table I.

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2020—Subsec. (r)(2). Pub. L. 116–260, § 801(a)(1), designated existing provisions as subpar. (A), substituted “shall” for “may” and “for the following:” and cls. (i) and (ii) for “from amounts available for administration of this chapter the reasonable costs (established by the Commissioner of Social Security in consultations with the States) for transcribing and transmitting such information to the Commissioner of Social Security.”, and added subpars. (B) and (C).

Subsec. (r)(3)(A). Pub. L. 116–260, § 801(a)(2), substituted “for—” and cls. (i) and (ii) for “for the reasonable cost of carrying out such arrangement, and”.

Subsec. (r)(5). Pub. L. 116–260, § 801(a)(3), substituted “all information regarding deceased individuals furnished to or maintained by the Commissioner under this subsection” for “such records as may be corrected under this section” and “by a Federal or State agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met” for “by Federal and State agencies”.

Subsec. (r)(7) to (9). Pub. L. 116–260, § 801(a)(4), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.

Subsec. (r)(9)(F). Pub. L. 116–260, § 801(a)(5), substituted “provided by the Commissioner” for “provided by the Commission”.

Subsec. (r)(10). Pub. L. 116–260, § 801(a)(6), realigned margins and, in subpar. (A)(i), inserted “, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such agreement” before the semicolon.

Pub. L. 116–260, § 801(a)(4), redesignated par. (9) as (10).

Subsec. (r)(11). Pub. L. 116–260, § 801(a)(7), added par. (11).

2018—Subsec. (j)(1)(C). Pub. L. 115–165, § 201(a), added subpar. (C).

Subsec. (j)(2)(B)(i)(VII). Pub. L. 115–165, § 202(a)(1)(A), added subcl. (VII).

Subsec. (j)(2)(B)(iv), (v). Pub. L. 115–165, § 202(a)(1)(B), added cls. (iv) and (v).

Subsec. (j)(2)(C)(i)(VI). Pub. L. 115–165, § 202(a)(2)(A), added subcl. (VI).

Subsec. (j)(2)(C)(i)(VII). Pub. L. 115–165, § 203(a), added subcl. (VII).

Subsec. (j)(2)(C)(vi). Pub. L. 115–165, § 202(a)(2)(B), added cl. (vi).

Subsec. (j)(3)(D) to (H). Pub. L. 115–165, § 102(a), added subpar. (D), redesignated former subpars. (D) to (G) as (E) to (H), respectively, in subpar. (E), substituted “(C), and (D)” for “and (C)”, and, in subpar. (F), substituted “(E)” for “(D)” in two places.

Subsec. (j)(6). Pub. L. 115–165, § 105(a)(1), struck out subpar. (A) designation and subpar. (B) which related to report on periodic onsite reviews and other reviews of representative payees in connection with benefits under this subchapter.

Subsec. (j)(6)(A). Pub. L. 115–165, § 101(b)(4), inserted concluding provisions.

Subsec. (j)(6)(A)(iv). Pub. L. 115–165, § 101(b)(1)–(3), added cl. (iv).

Subsec. (j)(6)(C). Pub. L. 115–165, § 101(a), added subpar. (C).

Subsec. (j)(11). Pub. L. 115–165, § 103(a)(1), added par. (11).

Subsec. (j)(12). Pub. L. 115–165, § 105(a)(2), added par. (12).

2015—Subsec. (c)(2)(C)(x). Pub. L. 114–10, § 501(a)(1), realigned margins of cl. (x) authorizing collection and use of names and social security account numbers for certain administrative purposes.

Subsec. (c)(2)(C)(xi), (xii). Pub. L. 114–10, § 501(a)(2), redesignated cl. (x), prohibiting use of social security account numbers on checks issued for payment by governmental agencies, and cl. (xi) as cls. (xi) and (xii), respectively.

Subsec. (c)(2)(C)(xiii). Pub. L. 114–10, § 501(a)(3), added cl. (xiii).

Subsec. (i). Pub. L. 114–74 inserted “or divorced wife or divorced husband” after “the wife or husband”.

2010—Subsec. (c)(2)(C)(x). Pub. L. 111–318, § 2(a)(1), added cl. (x) prohibiting use of social security account numbers on checks issued for payment by governmental agencies.

Pub. L. 111–148, § 1414(a)(2), added cl. (x) authorizing collection and use of names and social security account numbers for certain administrative purposes.

Subsec. (c)(2)(C)(xi). Pub. L. 111–318, § 2(b)(1), added cl. (xi).

Subsec. (r)(9). Pub. L. 111–148, § 6402(b)(3), added par. (9).

2008—Subsec. (c)(2)(C)(iii)(I), (II). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

2006—Subsec. (p)(3). Pub. L. 109–241 substituted “of Homeland Security” for “of Transportation” in two places.

2004—Subsec. (c)(2)(C)(vi). Pub. L. 108–458 designated existing provisions as subcl. (I) and added subcl. (II).

Subsec. (g). Pub. L. 108–203, § 411(a), substituted “and, in any case in which the Commissioner has not made a decision fully favorable to the individual, a transcript of the additional record and testimony” for “and a transcript of the additional record and testimony”.

Subsec. (i). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

Subsec. (j)(2)(B)(i)(IV) to (VI). Pub. L. 108–203, § 103(a)(1), added subcls. (IV) and (V) and redesignated former subcl. (IV) as (VI).

Subsec. (j)(2)(B)(iii). Pub. L. 108–203, § 103(a)(2), added cl. (iii).

Subsec. (j)(2)(C)(i)(II). Pub. L. 108–203, § 103(a)(3), substituted “subparagraph (B)(i)(VI)” for “subparagraph (B)(i)(IV),,” and “section 1383(a)(2)(B)(ii)(VI)” for “section 1383(a)(2)(B)(ii)(IV)”.

Subsec. (j)(2)(C)(i)(IV), (V). Pub. L. 108–203, § 103(a)(4), added subcls. (IV) and (V).

Subsec. (j)(2)(C)(v)(I). Pub. L. 108–203, § 105(a)(2), substituted “paragraph (10)” for “paragraph (9)”.

Pub. L. 108–203, § 102(a)(1)(A), substituted “a certified community-based nonprofit social service agency (as defined in paragraph (9))” for “a community-based nonprofit social service agency licensed or bonded by the State”.

Subsec. (j)(3)(E). Pub. L. 108–203, § 106(a)(2), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (j)(3)(F). Pub. L. 108–203, § 106(a)(1), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G).

Pub. L. 108–203, § 105(a)(2), substituted “paragraph (10)” for “paragraph (9)”.

Pub. L. 108–203, § 102(a)(1)(B), substituted “certified community-based nonprofit social service agencies (as defined in paragraph (9))” for “community-based nonprofit social service agencies”.

Subsec. (j)(3)(G). Pub. L. 108–203, § 106(a)(1), redesignated subpar. (F) as (G).

Subsec. (j)(4)(A)(i). Pub. L. 108–203, § 104(a)(2), which directed amendment of cl. (i) in concluding provisions by substituting “A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization misused all or part of the individual’s benefit, and any amount so collected by the qualified organization for such month shall be treated as a misused part of the individual’s benefit for purposes of paragraphs (5) and (6). The Commissioner” for “The Secretary”, was executed by making the substitution for “The Commissioner of Social Security” to reflect the probable intent of Congress. See 1994 Amendment note below.

Pub. L. 108–203, § 104(a)(1), substituted “Except as provided in the next sentence, a” for “A” in introductory provisions.

Subsec. (j)(4)(B). Pub. L. 108–203, § 105(a)(2), substituted “paragraph (10)” for “paragraph (9)” in introductory provisions.

Pub. L. 108–203, § 102(a)(1)(C), substituted “any certified community-based nonprofit social service agency (as defined in paragraph (9))” for “any community-based nonprofit social service agency which is bonded or licensed in each State in which it serves as a representative payee” in introductory provisions.

Subsec. (j)(5). Pub. L. 108–203, § 101(a)(1), designated first sentence of existing provisions as introductory provisions and inserted “In any case in which a representative payee that—” after “misused benefits.”, added subpars (A) and (B), and designated second sentence of existing provisions as concluding provisions and inserted “misuses all or part of an individual’s benefit paid to such representative payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary’s alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (7)(B).” before “The Commissioner of Social Security shall make”.

Subsec. (j)(6). Pub. L. 108–203, § 102(b)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The Commissioner of Social Security shall include as a part of the annual report required under section 904 of this title information with respect to the implementation of the preceding provisions of this subsection, including the number of cases in which the representative payee was changed, the number of cases discovered where there has been a misuse of funds, how any such cases were dealt with by the Commissioner of Social Security, the final disposition of such cases, including any criminal penalties imposed, and such other information as the Commissioner of Social Security determines to be appropriate.”

Subsec. (j)(6)(A)(ii). Pub. L. 108–203, § 105(a)(3), substituted “paragraph (10)” for “paragraph (9)”.

Subsec. (j)(7). Pub. L. 108–203, § 105(a)(1), (4), added par. (7) and redesignated former par. (7) as (8).

Subsec. (j)(8). Pub. L. 108–203, § 105(a)(1), redesignated par. (7) as (8). Former par. (8) redesignated (9).

Pub. L. 108–203, § 101(a)(2), added par. (8).

Subsec. (j)(9). Pub. L. 108–203, § 105(a)(1), redesignated par. (8) as (9). Former par. (9) redesignated (10).

Pub. L. 108–203, § 102(a)(1)(D), added par. (9).

Subsec. (j)(10). Pub. L. 108–203, § 105(a)(1), redesignated par. (9) as (10).

2002—Subsec. (r)(8). Pub. L. 107–252 added par. (8).

2001—Subsec. (i). Pub. L. 107–90 inserted “(or five or more years of service, all of which accrues after December 31, 1995)” after “ten years of service”.

1999—Subsec. (j)(1)(A). Pub. L. 106–169, § 251(b)(2)(A), inserted “1007 or” before “1383(a)(2)”.

Subsec. (j)(2)(B)(i)(I). Pub. L. 106–169, § 251(b)(2)(B), inserted “, subchapter VIII,” before “or subchapter XVI”.

Subsec. (j)(2)(B)(i)(III). Pub. L. 106–169, § 251(b)(2)(C), inserted “, 1011,” before “or 1383a”.

Subsec. (j)(2)(B)(i)(IV). Pub. L. 106–169, § 251(b)(2)(D), inserted “, the designation of such person as a representative payee has been revoked pursuant to section 1007(a) of this title,” before “or payment of benefits” and “, subchapter VIII,” before “or subchapter XVI”.

Subsec. (j)(2)(B)(ii)(I). Pub. L. 106–169, § 251(b)(2)(E), inserted “whose designation as a representative payee has been revoked pursuant to section 1007(a) of this title,” before “or with respect to whom” and “, subchapter VIII,” before “or subchapter XVI”.

Subsec. (j)(2)(B)(ii)(II). Pub. L. 106–169, § 251(b)(2)(F), inserted “, 1011,” before “or 1383a”.

Subsec. (j)(2)(C)(i)(II). Pub. L. 106–169, § 251(b)(2)(G), inserted “, the designation of such person as a representative payee has been revoked pursuant to section 1007(a) of this title,” before “or payment of benefits”.

Subsec. (j)(3)(E)(i), (ii). Pub. L. 106–169, § 251(b)(2)(H), inserted “, section 1007 of this title,” before “or section 1383(a)(2) of this title”.

Subsec. (j)(3)(F). Pub. L. 106–169, § 251(b)(2)(I), inserted “1007 or” before “1383(a)(2)”.

Subsec. (j)(4)(B)(i). Pub. L. 106–169, § 251(b)(2)(J), inserted “1007 or” before “1383(a)(2)”.

1997—Subsec. (c)(2)(B)(ii). Pub. L. 105–34, § 1090(b)(1)(A), inserted at end “With respect to an application for a social security account number for an individual who has not attained the age of 18 before such application, such evidence shall include the information described in subparagraph (C)(ii).”

Subsec. (c)(2)(C)(ii). Pub. L. 105–34, § 1090(b)(1)(B), inserted “the Commissioner of Social Security and” after “available to” in second sentence.

Subsec. (c)(2)(H). Pub. L. 105–34, § 1090(b)(1)(C), added subpar. (H).

1996—Subsec. (c)(2)(C)(vi). Pub. L. 104–193 inserted “an agency administering a program funded under part A of subchapter IV or” before “an agency operating” and substituted “part D of such subchapter” for “part A or D of subchapter IV of this chapter”.

Subsec. (j)(1)(B). Pub. L. 104–121, § 105(a)(2)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In the case of an individual entitled to benefits based on disability, if alcoholism or drug addiction is a contributing factor material to the Commissioner’s determination that the individual is under a disability, certification of payment of such benefits to a representative payee shall be deemed to serve the interest of such individual under this subchapter. In any case in which such certification is so deemed under this subparagraph to serve the interest of an individual, the Commissioner of Social Security shall include, in such individual’s notification of entitlement, a notice that alcoholism or drug addiction is a contributing factor material to the Commissioner’s determination of such individual’s disability and that the Commissioner of Social Security is therefore required to make a certification of payment of such individual’s benefits to a representative payee.”

Subsec. (j)(2)(C)(v). Pub. L. 104–121, § 105(a)(2)(B), substituted “described in paragraph (1)(B)” for “entitled to benefits based on disability, if alcoholism or drug addiction is a contributing factor material to the Commissioner’s determination that the individual is under a disability”.

Subsec. (j)(2)(D)(ii)(II). Pub. L. 104–121, § 105(a)(2)(C), substituted “described in paragraph (1)(B).” for “(if alcoholism or drug addiction is a contributing factor material to the Commissioner’s determination that the individual is under a disability) is eligible for benefits under this subchapter by reason of disability..”

Subsec. (j)(4)(A)(i)(II). Pub. L. 104–121, § 105(a)(2)(D), substituted “described in paragraph (1)(B)” for “entitled to benefits based on disability and alcoholism or drug addiction is a contributing factor material to the Commissioner’s determination that the individual is under a disability”.

1994—Subsec. (a). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (b)(1), (2). Pub. L. 103–296, § 107(a)(4), substituted wherever appearing “Commissioner of Social Security” for “Secretary”, “Commissioner’s” for “Secretary’s”, “the Commissioner may” for “he may”, “the Commissioner shall” for “he shall”, and “the Commissioner’s” for “his” except in the phrase “his or her rights”.

Subsec. (b)(3)(A). Pub. L. 103–296, § 321(a)(7), realigned margin.

Subsec. (b)(3)(B). Pub. L. 103–296, § 321(a)(7), realigned margin.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (c)(1)(D)(i). Pub. L. 103–296, § 321(c)(6)(B), substituted “Code of 1986” for “Code of 1954”.

Subsec. (c)(2)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places and “the Commissioner deems” for “he deems”.

Subsec. (c)(2)(B)(i). Pub. L. 103–296, § 304(a)(1), substituted “(F)” for “(E)” in introductory provisions.

Pub. L. 103–296, § 107(a)(4), substituted “In carrying out the Commissioner’s duties” for “In carrying out his duties” in introductory provisions and “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (c)(2)(B)(ii). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (c)(2)(B)(iii). Pub. L. 103–296, § 321(a)(8), substituted “nonpublic” for “non-public”.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (c)(2)(C)(i), (ii). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (c)(2)(C)(iii). Pub. L. 103–296, § 321(a)(9)(B), redesignated the cl. (iii) as added by Pub. L. 101–624, § 2201(b)(3), as cl. (iv).

Pub. L. 103–296, § 316(a), amended cl. (iii) as added by Pub. L. 101–624, § 1735(a)(3), by inserting subcl. (I) designation before “In the administration” and by substituting subcls. (II) to (IV) for “The Secretary of Agriculture shall restrict, to the satisfaction of the Secretary of Health and Human Services, access to social security account numbers obtained pursuant to this clause only to officers and employees of the United States whose duties or responsibilities require access for the administration or enforcement of the Food Stamp Act of 1977. The Secretary of Agriculture shall provide such other safeguards as the Secretary of Health and Human Services determines to be necessary or appropriate to protect the confidentiality of the social security account numbers.”

Subsec. (c)(2)(C)(iii)(III), (IV). Pub. L. 103–296, § 107(a)(1), in cl. (iii) as amended by Pub. L. 103–296, § 316(a), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.

Subsec. (c)(2)(C)(iv). Pub. L. 103–296, § 321(a)(9)(B), redesignated the cl. (iii) as added by Pub. L. 101–624, § 2201(b)(3), as cl. (iv). Former cl. (iv) redesignated (v).

Pub. L. 103–296, § 107(a)(1), in cl. (iv) as redesignated by Pub. L. 103–296, § 321(a)(9)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places.

Subsec. (c)(2)(C)(v). Pub. L. 103–296, § 321(a)(9)(B), (C), redesignated cl. (iv) as (v), and substituted “policy set forth in clause (i)” for “policy set forth in subclause (I) of clause (i)” and “clause (ii)” for “subclause (II) of clause (i)”. Former cl. (v) redesignated (vi).

Subsec. (c)(2)(C)(vi). Pub. L. 103–296, § 321(a)(9)(B), redesignated cl. (v) as (vi). Former cl. (vi) redesignated (vii).

Subsec. (c)(2)(C)(vii). Pub. L. 103–296, § 321(a)(9)(B), redesignated cl. (vi) as (vii). Former cl. (vii) added by Pub. L. 101–624, § 1735(b), redesignated (viii).

Pub. L. 103–296, § 321(a)(9)(A), struck out cl. (vii) added by Pub. L. 101–624, § 2201(c), which was substantially identical to the cl. (vii) added by Pub. L. 101–624, § 1735(b).

Subsec. (c)(2)(C)(viii). Pub. L. 103–296, § 321(a)(9)(B), (D), redesignated the cl. (vii) added by Pub. L. 101–624, § 1735(b), as (viii) and inserted “a social security account number or” before “a request for” in subcl. (IV).

Subsec. (c)(2)(C)(ix). Pub. L. 103–296, § 318, added cl. (ix).

Pub. L. 103–296, § 107(a)(1), amended cl. (ix) as added by Pub. L. 103–296, § 318, by substituting “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places.

Subsec. (c)(2)(D)(i)(I), (II). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (c)(2)(E). Pub. L. 103–296, § 304(a)(3), added subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 103–296, § 107(a)(4), in subpar. (E) added by Pub. L. 103–296, § 304(a)(3), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (c)(2)(F), (G). Pub. L. 103–296, § 304(a)(2), redesignated subpars. (E) and (F) as (F) and (G), respectively.

Pub. L. 103–296, § 107(a)(4), in subpars. (F) and (G) as redesignated by Pub. L. 103–296, § 304(a)(2), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (c)(3). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner’s” for “Secretary’s” and “Commissioner of Social Security” for “Secretary”.

Subsec. (c)(4). Pub. L. 103–296, § 107(a)(4), in introductory provisions, substituted “Commissioner of Social Security” for “Secretary” and substituted “the Commissioner’s” for “his” wherever appearing, in subpars. (A) and (B), substituted “Commissioner’s” for “Secretary’s”, and in subpar. (C), substituted “Commissioner’s records as” for “Secretary’s records as”, “Commissioner of Social Security” for “Secretary”, and “the Commissioner’s records the” for “his records the”.

Subsec. (c)(5). Pub. L. 103–296, § 107(a)(4), in introductory provisions substituted “Commissioner of Social Security” for “Secretary” and substituted “the Commissioner’s” for “his” in two places.

Subsec. (c)(5)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner’s” for “Secretary’s” in two places.

Subsec. (c)(5)(F). Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner’s” for “his” in introductory provisions, “Commissioner of Social Security” for “Secretary” in cl. (ii), and “Commissioner’s” for “Secretary’s” in closing provisions.

Subsec. (c)(5)(F)(i). Pub. L. 103–296, § 321(c)(3), inserted “or the Internal Revenue Code of 1986” after “Code of 1954”.

Subsec. (c)(5)(G), (J), (6), (7). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “the Commissioner’s” for “his” before “records” in two places in par. (7).

Subsec. (c)(8). Pub. L. 103–296, § 206(a)(1)(B), added par. (8). Former par. (8) redesignated (9).

Subsec. (c)(9). Pub. L. 103–296, § 206(a)(1)(A), redesignated par. (8) as (9).

Pub. L. 103–296, § 107(a)(4), in par. (9) as redesignated by Pub. L. 103–296, § 206(a)(1)(A), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (d). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “his” before “jurisdiction”, and “by the Commissioner” for “by him”.

Subsec. (e). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (g). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “his” wherever appearing except in second sentence, and “the Commissioner files” for “he files”.

Subsec. (h). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (i). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “Commissioner’s” for “Secretary’s”.

Subsec. (j). Pub. L. 103–296, § 321(a)(10), made technical amendment to heading.

Subsec. (j)(1). Pub. L. 103–296, § 201(a)(1)(A), designated existing provisions as subpar. (A), in last sentence inserted “, if the interest of the individual under this subchapter would be served thereby,” after “payee or”, and added subpar. (B).

Pub. L. 103–296, § 107(a)(4), in par. (1) as amended by Pub. L. 103–296, § 201(a)(1)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “Commissioner’s” for “Secretary’s” in two places in subpar. (B).

Subsec. (j)(2)(A) to (C)(iv). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (j)(2)(C)(v). Pub. L. 103–296, § 201(a)(2)(A), added cl. (v).

Pub. L. 103–296, § 107(a)(4), in cl. (v) as added by Pub. L. 103–296, § 201(a)(2)(A), substituted “Commissioner’s” for “Secretary’s” in introductory provisions and “Commissioner of Social Security” for “Secretary” in subcl. (IV) and closing provisions.

Subsec. (j)(2)(D)(i). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsec. (j)(2)(D)(ii)(II). Pub. L. 103–296, § 201(a)(1)(B), substituted “, under the age of 15 years, or (if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability) is eligible for benefits under this subchapter by reason of disability.” for “or under the age of 15”.

Pub. L. 103–296, § 107(a)(4), in subcl. (II) as amended by Pub. L. 103–296, § 201(a)(1)(B), substituted “Commissioner’s” for “Secretary’s” in two places.

Subsec. (j)(2)(D)(iii), (E), (3)(A), (B), (D), (E). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “Commissioner’s” for “Secretary’s” in par. (2)(E)(i) and (ii).

Subsec. (j)(4)(A). Pub. L. 103–296, § 201(a)(2)(B)(i), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, added new subcl. (II) and struck out former subcl. (II) (as redesignated) which read “$25.00 per month.”, inserted “The Secretary shall adjust annually (after 1995) each dollar amount set forth in subclause (II) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 415(i)(2)(A) of this title, except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00.” before “Any agreement” in concluding provisions, and added cl. (ii).

Pub. L. 103–296, § 107(a)(4), in subpar. (A) as amended by Pub. L. 103–296, § 201(a)(2)(B)(i), substituted “Commissioner’s” for “Secretary’s” and “Commissioner of Social Security” for “Secretary”.

Subsec. (j)(4)(B). Pub. L. 103–296, § 201(a)(2)(B)(ii), in introductory provisions, inserted “State or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities, any State or local government agency with fiduciary responsibilities, or any” after “means any”, substituted “representative payee, if such agency,” for “representative payee and which,”, substituted a period for “, and” at end of cl. (ii), and struck out cl. (iii) which read as follows: “was in existence on October 1, 1988.”

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (j)(4)(D). Pub. L. 103–296, § 201(a)(2)(B)(iii), struck out subpar. (D) which read as follows: “This paragraph shall cease to be effective on July 1, 1994.”

Subsec. (j)(5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (j)(6). Pub. L. 103–296, § 321(f)(2)(A), made technical correction to Pub. L. 101–508, § 5105(d)(1)(A). See 1990 Amendment note below.

Pub. L. 103–296, § 107(a)(4), in par. (6) as amended by Pub. L. 103–296, § 321(f)(2)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (j)(7). Pub. L. 103–296, § 201(a)(2)(C), added par. (7).

Subsec. (k). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (l). Pub. L. 103–296, § 107(a)(2), (4), substituted “Commissioner of Social Security” for “Secretary”, “Social Security Administration” for “Department of Health and Human Services”, “by the Commissioner” for “by him”, “upon the Commissioner” for “upon him”, and “the Commissioner’s” for “his”.

Subsec. (n). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security may, in the Commissioner’s discretion” for “Secretary may, in his discretion”.

Subsec. (p)(1), (2). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “Secretary’s” in par. (1), and “to the Commissioner” for “to him” in par. (2).

Subsecs. (q), (r). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner finds” for “he finds” in subsec. (q)(2), and “the Commissioner may” for “he may” in subsec. (q)(3).

Subsec. (s). Pub. L. 103–296, § 321(a)(11), made technical amendment to heading.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places in introductory provisions.

Subsec. (t). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in closing provisions.

Subsec. (u). Pub. L. 103–296, § 206(d)(1), added subsec. (u).

Pub. L. 103–296, § 107(a)(4), in subsec. (u) added by Pub. L. 103–296, § 206(d)(1), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

1990—Subsec. (b)(3). Pub. L. 101–508, § 5107(a)(1), added par. (3).

Subsec. (c)(2)(C). Pub. L. 101–624, §§ 1735(a), (b), 2201(b), (c), made similar amendments redesignating subcls. (I) and (II) of former cl. (i) as cls. (i) and (ii), respectively, adding two cls. (iii) which are different, redesignating former cls. (ii) to (iv) as (iv) to (vi), respectively, and adding two substantially identical cls. (vii). Cls. (iii) and (vii), as added by § 1735 of Pub. L. 101–624, are set out first and cls. (iii) and (vii), as added by § 2201 of Pub. L. 101–624, are set out second.

Subsec. (j). Pub. L. 101–508, § 5105(a)(1)(A), inserted heading “Representative payees”.

Subsec. (j)(1). Pub. L. 101–508, § 5105(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “When it appears to the Secretary that the interest of an applicant entitled to a payment would be served thereby, certification of payment may be made, regardless of the legal competency or incompetency of the individual entitled thereto, either for direct payment to such applicant, or for his use and benefit to a relative or some other person.”

Subsec. (j)(2). Pub. L. 101–508, § 5105(a)(2)(A)(i), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any certification made under paragraph (1) for payment to a person other than the individual entitled to such payment must be made on the basis of an investigation, carried out either prior to such certification or within forty-five days after such certification, and on the basis of adequate evidence that such certification is in the interest of the individual entitled to such payment (as determined by the Secretary in regulations). The Secretary shall ensure that such certifications are adequately reviewed.”

Subsec. (j)(3)(B), (C). Pub. L. 101–508, § 5105(b)(1)(A)(i), (ii), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “Subparagraph (A) shall not apply in any case where the other person to whom such payment is made is a parent or spouse of the individual entitled to such payment who lives in the same household as such individual. The Secretary shall require such parent or spouse to verify on a periodic basis that such parent or spouse continues to live in the same household as such individual.”

Subsec. (j)(3)(D). Pub. L. 101–508, § 5105(b)(1)(A)(ii), (iii), redesignated subpar. (E) as (D) and substituted “(A), (B), and (C)” for “(A), (B), (C), and (D)”. Former subpar. (D) redesignated (C).

Subsec. (j)(3)(E), (F). Pub. L. 101–508, § 5105(b)(1)(A)(ii), (iv), added subpars. (E) and (F) and redesignated former subpar. (E) as (D).

Subsec. (j)(4). Pub. L. 101–508, § 5105(a)(3)(A)(i), added par. (4). Former par. (4) redesignated (5).

Subsec. (j)(5). Pub. L. 101–508, § 5105(c)(1), added par. (5) relating to negligent failure of the Secretary to investigate or monitor. Former par. (5), relating to annual report, redesignated (6).

Pub. L. 101–508, § 5105(a)(3)(A)(i), redesignated par. (4), relating to annual report, as (5).

Subsec. (j)(6). Pub. L. 101–508, § 5105(d)(1)(A), as amended by Pub. L. 103–296, § 321(f)(2)(A), amended par. (6) generally. Prior to amendment, par. (6) read as follows:

“(A) The Secretary shall make an initial report to each House of the Congress on the implementation of paragraphs (2) and (3) within 270 days after October 9, 1984.

“(B) The Secretary shall include as a part of the annual report required under section 904 of this title, information with respect to the implementation of paragraphs (2) and (3), including the number of cases in which the payee was changed, the number of cases discovered where there has been a misuse of funds, how any such cases were dealt with by the Secretary, the final disposition of such cases, including any criminal penalties imposed, and such other information as the Secretary determines to be appropriate.”

Pub. L. 101–508, § 5105(c)(1), redesignated par. (5), relating to annual report, as (6).

Subsec. (s). Pub. L. 101–508, § 5109(a)(1), added subsec. (s).

1989—Subsec. (c)(5)(H). Pub. L. 101–239, § 10304, struck out “if there is an absence of an entry in the Secretary’s records of wages having been paid by such employer to such individual in such period” before semicolon at end.

Subsec. (t). Pub. L. 101–239, § 10303(a), added subsec. (t).

1988—Subsec. (c)(2)(B)(i). Pub. L. 100–647, § 8009(a)(1), inserted “and subparagraph (E)” after “subparagraph (A)”.

Subsec. (c)(2)(C)(i). Pub. L. 100–485, § 125(a)(1), designated existing provisions as subcl. (I) and added subcl. (II).

Subsec. (c)(2)(C)(ii). Pub. L. 100–485, § 125(a)(2), substituted “subclause (I) of clause (i)” for “clause (i) of this subparagraph” and inserted at end “If and to the extent that any such provision is inconsistent with the requirement set forth in subclause (II) of clause (i), such provision shall, on and after October 13, 1988, be null, void, and of no effect.”

Subsec. (c)(2)(C)(iii). Pub. L. 100–647, § 8016(a)(1), substituted “of this Act” for “of the Social Security Act”, which for purposes of codification was translated as “of this chapter”.

Subsec. (c)(2)(D). Pub. L. 100–647, § 8008(a)(2), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (c)(2)(E). Pub. L. 100–647, § 8009(a)(3), added subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 100–647, § 8008(a)(1), redesignated former subpar. (D) as (E).

Subsec. (c)(2)(F). Pub. L. 100–647, § 8009(a)(2), redesignated former subpar. (E) as (F).

Subsec. (p)(1). Pub. L. 100–647, § 8015(a)(1), substituted “the Secretary shall not make determinations as to the amounts of remuneration for such service, or the periods in which or for which such remuneration was paid” for “the Secretary shall not make determinations as to whether an individual has performed such service, the periods of such service, the amounts of remuneration for such service which constitute wages under the provisions of section 409 of this title, or the periods in which or for which such wages were paid” and inserted at end “Nothing in this paragraph shall be construed to affect the Secretary’s authority to determine under sections 409 and 410 of this title whether any such service constitutes employment, the periods of such employment, and whether remuneration paid for any such service constitutes wages.”

1986—Subsec. (c)(1)(D)(i). Pub. L. 99–509, § 9002(c)(2)(A), inserted “(as in effect prior to December 31, 1986)”.

Subsec. (c)(5)(F)(iii). Pub. L. 99–509, § 9002(c)(2)(B), inserted “(as in effect prior to December 31, 1986)” and “(as so in effect)”.

1984—Subsec. (c)(5)(D). Pub. L. 98–369, § 2663(a)(4)(A), inserted “of 1937 or 1974” after “Railroad Retirement Act” in two places.

Subsec. (c)(5)(I). Pub. L. 98–369, § 2663(a)(4)(B), inserted “or section 7(b)(7) of the Railroad Retirement Act of 1974”.

Subsec. (e). Pub. L. 98–369, § 2663(a)(4)(C), substituted “an order” for “on order”.

Subsec. (h). Pub. L. 98–369, § 2663(a)(4)(D), substituted “section 1331 or 1346 of title 28” for “section 24 of the Judicial Code of the United States”. See Codification note above.

Subsec. (i). Pub. L. 98–369, § 2663(a)(4)(E), substituted “the Fiscal Service of the Department of the Treasury” for “the Division of Disbursement of the Treasury Department”.

Subsec. (j). Pub. L. 98–460 designated existing provisions as par. (1) and added pars. (2) to (4).

Subsec. (l). Pub. L. 98–369, § 2663(j)(4), substituted “Department of Health and Human Services” for “Federal Security Agency”.

Subsec. (p)(1). Pub. L. 98–369, § 2663(a)(4)(F), substituted “section 3122 of the Internal Revenue Code of 1954” for “section 1420(e) of the Internal Revenue Code of 1939”.

Subsec. (r)(4). Pub. L. 98–369, § 2661(h)(1), substituted “subparagraphs (A) and (B) of paragraph (3)” for “paragraph (3)(A) and (B)”.

Subsec. (r)(7). Pub. L. 98–369, § 2661(h)(2), substituted “this Act” for “the Act” which was translated as “this title”.

1983—Subsec. (b). Pub. L. 98–21, §§ 301(d)(1), 309(i)(1), in par. (1) inserted “divorced husband,” after “husband,”, “surviving divorced husband,” after “widower,”, and “surviving divorced father,” after “surviving divorced mother,”.

Pub. L. 97–455 designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(1)(C). Pub. L. 98–21, §§ 301(d)(2), 309(i)(2), inserted “surviving divorced husband,” after “wife,” and “surviving divorced father,” after “surviving divorced mother,”.

Subsec. (c)(2)(D). Pub. L. 98–21, § 345(a), added subpar. (D).

Subsec. (r). Pub. L. 98–21, § 336, added subsec. (r).

1980—Subsec. (b). Pub. L. 96–265, § 305(a), inserted provisions relating to the information that must accompany a decision by the Secretary.

Subsec. (g). Pub. L. 96–265, § 307, substituted “The court may, on motion of the Secretary made for good cause shown before he files his answer, remand the case to the Secretary for further action by the Secretary, and it may at any time order additional evidence to be taken before the Secretary, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding;” for “The court shall, on motion of the Secretary made before he files his answer, remand the case to the Secretary for further action by the Secretary, and may, at any time, on good cause shown, order additional evidence to be taken before the Secretary,”.

1978—Subsec. (p)(3). Pub. L. 95–600 substituted “Secretary of Transportation” for “Secretary of the Treasury” in two places.

1977—Subsec. (c)(1)(A). Pub. L. 95–216, § 353(f)(2)(A), struck out “(as defined in section 411(e) of this title)” after “taxable year”.

Subsec. (c)(1)(D). Pub. L. 95–216, § 353(f)(2)(B), added subpar. (D).

Subsec. (o). Pub. L. 95–216, § 353(f)(2)(C), inserted “before 1978” after “calendar year”.

1976—Subsec. (b). Pub. L. 94–202 substituted provisions that a request for a hearing following the decision of the Secretary be made within sixty days after notice of such decision is received for provisions which authorized the Secretary to prescribe by regulation the period within which to file a request, including the limitation that the period so prescribed be not less than six months after notice of the decision was mailed.

Subsec. (c)(2)(C). Pub. L. 94–455 added subpar. (C).

1974—Subsec. (i). Pub. L. 93–445, § 302(a), inserted parenthetical provision covering service under the Railroad Retirement Acts of 1937 and 1974 and certification to the Railroad Retirement Board and payment on behalf of the Managing Trustee in accordance with the provisions of the Railroad Retirement Act of 1974.

Subsec. (o). Pub. L. 93–445, § 303, substituted “annuity under section 2 of the Railroad Retirement Act of 1974” for “section 5 of the Railroad Retirement Act of 1937”, “section 6(b) of such Act” for “subsection (f)(1) of such section”, and “section 3(i) of such Act” for “section 4 of such Act”.

1972—Subsec. (c)(2). Pub. L. 92–603 designated existing provisions as par. (A) and added par. (B).

1970—Subsec. (f). Pub. L. 91–452 struck out subsec. (f) which related to the immunity from prosecution of any person compelled to testify or produce evidence after claiming his privilege against self-incrimination.

1968—Subsec. (q). Pub. L. 90–248, § 171(a), added subsec. (q).

1965—Subsec. (b). Pub. L. 89–97, § 308(d)(9), substituted in second sentence “wife, divorced wife, widow, surviving divorced wife, surviving divorced mother,” for “wife, widow, former wife divorced,”.

Subsec. (c)(1)(C). Pub. L. 89–97, § 308(d)(10), substituted “surviving divorced wife, surviving divorced mother,” for “former wife divorced,”.

Subsec. (n). Pub. L. 89–97, § 330, provided that Secretary of the Treasury may authorize surviving payee or payees of a combined benefit check to cash one or more such checks which were not negotiated before one of payees died, provided that part of proceeds from each check that represents an overpayment is to be adjusted or recovered as provided in section 404(a) of this title.

1961—Subsec. (p)(1). Pub. L. 87–293 provided that head of Federal agency having control of service or such agents as the head may designate would make determinations with respect to employment and wages in case of service performed by volunteers and volunteer leaders in Peace Corps.

1960—Subsec. (c)(5)(F). Pub. L. 86–778, § 102(f)(2), authorized the Secretary to add, change, or delete entries to conform his records to assessments of amounts due under an agreement pursuant to section 418 of this title, if such assessments are made within the period specified in subsection (q) of such section, or allowances of credits or refunds of overpayments by a State under an agreement pursuant to such section, and inserted references to chapters 2 and 21 of the Internal Revenue Code of 1954.

Subsec. (d). Pub. L. 86–507 inserted “or by certified mail” after “registered mail” in two places.

Subsec. (g). Pub. L. 86–778, § 702(a), inserted sentence providing that any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.

Subsec. (p)(1). Pub. L. 86–778, § 103(j)(2)(E), substituted “subsection (l)(1)” for “subsection (m)(1)”.

1956—Subsec. (b). Act Aug. 1, 1956, ch. 836, § 111(a), required requests with respect to decisions to be filed within such period as the Secretary prescribes by regulation, which period may not be less than six months after notice of the decision is mailed.

Subsec. (c)(1)(B). Act Aug. 1, 1956, ch. 836, § 107(b), substituted “three months” for “two months”.

Subsec. (c)(5)(F). Act Aug. 1, 1956, ch. 836, § 117, struck out provisions prohibiting inclusion in records of amount of self-employment income in excess of the amount which had been deleted as payments erroneously included in such records as wages paid to such individual in such taxable year, which provisions are now covered by subsec. (c)(5)(J) of this section.

Subsec. (c)(5)(J). Act Aug. 1, 1956, ch. 836, § 117, added subpar. (J).

Subsec. (p)(1). Act Aug. 1, 1956, ch. 837, provided for determinations with respect to service performed as a member of a uniformed service to which the provisions of section 410(m)(1) of this title are applicable.

1954—Subsec. (o). Act Sept. 1, 1954, § 101(a)(5), substituted “section 410(a)(9)” for “section 410(a)(10)”.

Subsec. (p)(3). Act Sept. 1, 1954, § 101(c)(3), inserted provisions making subsec. (p)(1) and (2) applicable to services performed by a civilian employee in the Coast Guard Exchanges or certain other activities at Coast Guard installations.

1952—Subsec. (o). Act July 18, 1952, substituted “subsection (a) or (e) of section 417 of this title” for “section 417(a) of this title”.

1950—Act Aug. 28, 1950, § 109(b)(1), substituted “Administrator” for “Board”, “Administrator’s” for “Board’s”, “he”, “him”, and “his” for “it”, and “its”, wherever appearing.

Subsec. (b). Act Aug. 28, 1950, § 108(a), inserted “former wife divorced, husband, widower,” after “widow”.